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R.I.P. The 1st amendment 1791-2021

 
 
hightor
 
  -1  
Thu 21 Jan, 2021 10:11 am
@Brandon9000,
What's your problem, Brandon9000?

Where did anyone supply a link to the "Library of Congress"?

Yes, I claimed that Trump said something. He delivered a speech to a mob worked up by him and his entourage. I supplied the text of the speech. What I can't supply is the atmosphere of the occasion, i.e. the context in which the words and exhortations in the speech were interpreted by the angry crowd.

There's no need for me to explain, in my words, why I — and many others — believe that Trump is guilty of incitement. The reasons for that belief are provided succinctly in the article that engineer has directed you to and which you are apparently determined not to read. Okay. Here's one excerpt from the piece:

Quote:
The Brandenburg ruling proclaimed that freedom of speech protects “advocacy of the use of force” or of illegal acts “except where such advocacy is directed to inciting or producing imminent lawless action and is likely to produce such action.” That test continues to govern incitement law.


As I've told you a number of times before, I'm not a lawyer. Nor am I a senator who will be voting in the impeachment trial. But, for the reasons discussed in the article, and from my own observation of Trump's behavior at rallies, I believe that, over the weeks after his election loss, he prepared his followers for violence and only had to skirt around the issue without giving a direct order. I believe this was extremely irresponsible and that it was unprecedented behavior by a chief executive.

Brandon9000 wrote:
Actually, you have now finally complied and told me Trump's words you claim prove your point.


No, those isolated words — which I've referred to and quoted previously in other responses — do not "prove my point". My point is that the entire speech must be read and understood in the context of the actual protest, and not in isolated words and phrases. I've mentioned this again and again.

Brandon9000 wrote:
Virtually every speech urging people to protest says those things.


Urging a peaceful assembly to protest is one thing. Instigating an unruly armed mob to interfere with lawmakers conducting a legal process is very different.

https://external-content.duckduckgo.com/iu/?u=https%3A%2F%2Fgoodmenproject.com%2Fwp-content%2Fuploads%2F2019%2F08%2FSAVE-stochastic-terrorism-e1564941676976.png&f=1&nofb=1

What's your problem, Brandon9000?

oralloy
 
  5  
Thu 21 Jan, 2021 11:28 am
@hightor,
hightor wrote:
Where did anyone supply a link to the "Library of Congress"?

That's disingenuous even for you.


hightor wrote:
What's your problem, Brandon9000?

He was just giving you an opportunity to back up your BS claims.
0 Replies
 
Brandon9000
 
  7  
Fri 22 Jan, 2021 03:08 pm
@hightor,
hightor wrote:
...I believe that, over the weeks after his election loss, he prepared his followers for violence and only had to skirt around the issue without giving a direct order....My point is that the entire speech must be read and understood in the context of the actual protest, and not in isolated words and phrases. I've mentioned this again and again....Instigating an unruly armed mob to interfere with lawmakers conducting a legal process is very different.

Yes, it is, but he didn't do that. After ten odd posts, you have yet to tell me any words which directed a mob to do any such thing.

I don't know whether you know this, but you're living in a country where we have freedom of speech. You may not like, it, but that is the law of the land:

Congress shall make no law...abridging the freedom of speech....

In order for a court to conclude that someone's speech is criminal and that they can ignore the First Amendment, it has to be a clear call to commit a crime imminently. Your argument on the other hand, is something like: considering all the contexts and the sum of Trump's words in total over many speeches, it would be understood that he was telling them to physically stop Congress from deliberating, despite the fact that there is nothing he ever said at any time which tells anyone to do any such thing.

Tell me some words that Trump said to someone sometime that directs him to storm the Capitol or commit some act of violence to stop Congress from deliberating.

If he had told someone to break a law, or had taken money from someone and then used the tools of government to do him a big favor, or had given a foreign power military secrets, or had destroyed evidence in an active criminal investigation, or something like that, I could see some sort of legal action, but all you've got is "he created an atmosphere." You're a member of a group of people trying to turn the country into a banana republic in which the people who lose an election go to jail. You really should be ashamed. As for myself, I believe in freedom of speech and the ideas enunciated in the Bill of Rights. You're a throwback to something much more primitive.
Below viewing threshold (view)
oralloy
 
  7  
Fri 22 Jan, 2021 05:36 pm
@hightor,
hightor wrote:
What seems to be the problem, Brandon9000?

The problem is that you were lying. He is calling you on your lies.
hightor
 
  -4  
Sat 23 Jan, 2021 04:13 am
@oralloy,
Neither of you have been able to point out any lies in my comments. Brandon9000 and I interpret the evidence of Trump's culpability differently.

I reject Brandon9000's contention that the 1st Amendment protects the right of liars to spread disinformation and, in this case, use proven falsehoods to stir an armed and angry mob to violence. This cheapens the notion of "free speech". Rights confer certain responsibilities and no civil "freedoms" are absolute.
oralloy
 
  6  
Sat 23 Jan, 2021 06:10 am
@hightor,
hightor wrote:
Neither of you have been able to point out any lies in my comments.

Your failure to back up your claim points to it being untrue.

It is hypothetically possible that your statement is an error and not a lie, but your history as a boorish name-caller and not a civilized debater doesn't lend you much credibility.


hightor wrote:
I reject Brandon9000's contention that the 1st Amendment protects the right of liars to spread disinformation

Well then you are wrong. It does protect that.

And who decides what is lies and disinformation?


hightor wrote:
and, in this case, use proven falsehoods to stir an armed and angry mob to violence.

Who says they are proven falsehoods?


hightor wrote:
This cheapens the notion of "free speech". Rights confer certain responsibilities and no civil "freedoms" are absolute.

People have the right to say things that you disagree with.
hightor
 
  -3  
Sat 23 Jan, 2021 06:28 am
@oralloy,
Quote:
Your failure to back up your claim points to it being untrue.

I notice you still didn't point out any lies in my comments.
Quote:
And who decides what is lies and disinformation?

As I replied earlier, in meaningful terms, not I. People can have their own views but the questions are really determined in a court of law. It's not material to Trump specifically in this case because he is being impeached, not indicted by the Justice Department.
Quote:
Who says they are proven falsehoods?

No real evidence has been produced to support the claims of election fraud and the suits have been thrown out of court.
Quote:
People have the right to say things that you disagree with.

And they have the right to say things you disagree with, as well. That doesn't stop you and I from criticizing the comments that people make.

Nor does it stop the law from investigating the consequences of statements that people make and prosecuting people for obscenity, fighting words, defamation (including libel and slander), child pornography, perjury, blackmail, incitement to imminent lawless action, verbal treason, true threats, and solicitation to commit crimes.







0 Replies
 
Brandon9000
 
  7  
Sat 23 Jan, 2021 10:20 pm
@hightor,
hightor wrote:
What seems to be the problem, Brandon9000?

"This article provides Trump's quotes and discusses the legal definitions of incitement based on Brandenburg v. Ohio (1969), the requirement for "imminence" and implicit vs explicit incitement."

The problem is that first you claim that Trump directed a mob to storm the Capitol building, but when I ask you again, and again, and again to quote the words in which he did it, all you give me is:

delivering a speech filled with appeals to "strength", the need to "fight"...

which is not a direction to storm the Capitol building.

As for perusing your link, I told you clearly, that I will not interact with a link to the Library of Congress, by which I meant that since you claim he said it, you give me the quotations. If you assert something, you should be able to provide evidence it's true. For the 10th (or something like that) time, provide a quote from him in which he directs people to storm the Capitol building. We've got freedom of speech around here and if you want to put someone in jail for talking, you have to show a clear solicitation to imminent violence, which telling people to be strong and fight is not. Virtually everyone urging people to protest says stuff like that. Give me the quotation(s) in which he does what you insist he did.

hightor wrote:
I believe that had it been Louis Farrakhan, Alexandria Ocasio-Cortez, or an antifa associate who delivered a speech which led to similar results you would not be so sanguine.

You're judging me by assuming I must be like you, which I am not. One of us ACTUALLY believes in freedom of speech. You see, to me, unlike to you, freedom of speech doesn't mean "I should have the right to say what I think because I'm right." It means everybody gets to say publicly what he thinks. Freedom of speech is most important when applied to people whose words we find repugnant. Anybody will let people he agrees with speak. I've been on A2K for 16 years. Find any post of mine in which I suggested that anyone should be punished for saying anything that wasn't a clear and simple call to immediate violence.
hightor
 
  -2  
Sun 24 Jan, 2021 05:44 am
@Brandon9000,
What seems to be your problem now, Brandon9000?

Quote:
The problem is that first you claim that Trump directed a mob to storm the Capitol building, but when I ask you again, and again, and again to quote the words in which he did it, all you give me is:

delivering a speech filled with appeals to "strength", the need to "fight"...

which is not a direction to storm the Capitol building.


Well, I think it is inciting an armed and angry mob to take action to stop the counting of electoral votes in the Capitol.
Quote:

As for perusing your link, I told you clearly, that I will not interact with a link to the Library of Congress...

But I never provided a link to Library of Congress; I don't know what you're talking about.
Quote:
We've got freedom of speech around here and if you want to put someone in jail for talking, you have to show a clear solicitation to imminent violence, which telling people to be strong and fight is not.

Um...I don't have the power to put anyone in jail — what are you talking about? Impeachment is a political process, not a criminal trial. Trump wouldn't be facing jail time for inciting a riot even were he convicted, which is doubtful.
Quote:
Virtually everyone urging people to protest says stuff like that. Give me the quotation(s) in which he does what you insist he did.

As I explained to you before, you need to consider the entire speech and the context in which it was delivered. Basically his refusal to accept the election results gradually grew into the idea of employing direct action to overturn the election by threatening lawmakers. Like we see in banana republics.
Quote:
Virtually everyone urging people to protest says stuff like that.

And if they're addressing an armed mob they're subject to arrest.
Quote:
You see, to me, unlike to you, freedom of speech doesn't mean "I should have the right to say what I think because I'm right."

That's an inaccurate representation of my position; I haven't said anything like that. I do, however, enjoy the right to criticize you because you are wrong. Freedom of speech, in the USA, doesn't mean everyone has carte blanche to say absolutely anything anywhere anytime. That's not my opinion. Nor is it my ideal. But it's a real world fact and people shouldn't react with shock when it occurs.
Quote:
It means everybody gets to say publicly what he thinks.

But it doesn't stop the law from investigating the consequences of statements that people make and prosecuting people for obscenity, fighting words, defamation (including libel and slander), child pornography, perjury, blackmail, incitement to imminent lawless action, verbal treason, true threats, and solicitation to commit crimes. You have a problem with that?

Brandon9000
 
  7  
Mon 25 Jan, 2021 06:53 pm
@hightor,
hightor wrote:
....Basically his refusal to accept the election results gradually grew into the idea of employing direct action to overturn the election by threatening lawmakers....

Well, you keep saying he did these things, but are unable to provide quotations in which he did any of them. Please provide a quotation in which he threatened lawmakers with violence.

hightor wrote:
And if they're addressing an armed mob they're subject to arrest.

Only if they solicit imminent violence. When did he do that?

hightor wrote:
But it doesn't stop the law from investigating the consequences of statements that people make and prosecuting people for obscenity, fighting words, defamation (including libel and slander), child pornography, perjury, blackmail, incitement to imminent lawless action, verbal treason, true threats, and solicitation to commit crimes.

Which one of these do you assert he did? Please provide the quotation. Oh, that's right, you can't.
farmerman
 
  -4  
Tue 26 Jan, 2021 06:16 am
@Brandon9000,
sealioning extrordinaire.
Youre post reminds me of the line in Mafia solicitation of a "hit"


"I understand you paint houses"
Region Philbis
 
  -4  
Tue 26 Jan, 2021 06:24 am
@farmerman,
Quote:
sealioning extrordinaire
yeah, no wonder it has a +8...
0 Replies
 
oralloy
 
  8  
Tue 26 Jan, 2021 06:55 am
@farmerman,
farmerman wrote:
sealioning extraordinaire.

It is reasonable to ask people to back up questionable claims. And his failure to back up his claim is pretty good evidence that the claim is untrue.
hightor
 
  -4  
Tue 26 Jan, 2021 08:14 am
@oralloy,
Actually the fact that Trump was kicked off of several social media platforms for spreading lies, encouraging illegal activity, and inciting insurrection suggests that there is evidence to back up the claim. It's true, Trump never said, "Break into the Capitol and vandalize it" — but he didn't have to. The arguments will be heard in the impeachment proceedings and I suspect that the lawmakers' conclusions will fall along ideological lines, as they have here.
oralloy
 
  8  
Tue 26 Jan, 2021 08:16 am
@hightor,
The only thing that it suggests to me is that those companies need to be broken up by the government.
hightor
 
  -4  
Tue 26 Jan, 2021 10:01 am
@oralloy,
Quote:
The only thing that it suggests to me is that those companies need to be broken up by the government.


Yup.

Democratic Congress Prepares to Take On Big Tech

Lawmakers say the attack on the Capitol has generated more support for tougher regulation of the industry.

Quote:
WASHINGTON — The last time Senator Amy Klobuchar, the Minnesota Democrat, sat in the majority, her party was fawning over Silicon Valley. Lawmakers praised the ingenuity of Facebook and Amazon, while President Barack Obama and regulators fought alongside Google and Twitter to protect the growth of internet businesses.

Now, many of those same politicians are gearing up to tame those companies. And Ms. Klobuchar, who leads the Senate panel overseeing antitrust, is expected to play a leading role.

Many Democrats, as well as some Republicans, want to take on Big Tech with laws and regulations to address issues like market power, data privacy, and disinformation and hate speech. Those ambitions have only grown since the insurrection of Capitol Hill, with more members of Congress pointing to the power of the tech companies as the root cause of many problems.

The growing talk of new federal laws adds to the industry’s many headaches. Facebook and Google are fighting federal and state regulators in court over allegations of anticompetitive conduct. Regulators continue to investigate Amazon and Apple over antitrust violations. President Biden and his nominees for attorney general and commerce secretary have also promised to hold tech companies to account for the speech they host and to strengthen policing of competition violations.

“We have a major monopoly and competition problem,” Ms. Klobuchar said. “People have just finally had it.”

“I don’t think people were feeling very trusting when you have angry mobs of people fed by the internet going to invade buildings or when you have foreign entities trying to invade our elections,” she added.

Ms. Klobuchar has made her critiques of the industry, and existing antitrust law, well known. Last year, during her failed run for president, she promised to get tough on the biggest tech companies. She is expected to release a book this spring that presents a case against corporate concentration — from the industrial-age trusts to Silicon Valley.

In coming weeks, she plans to introduce a bill aimed at limiting corporate monopoly power across the economy, with a particular eye on tech. The legislation would erect new hurdles for giant corporations trying to gobble up smaller competitors, preventing a repeat of deals like Facebook’s acquisition of Instagram in 2012. The federal and state lawsuits against Facebook argue that the deal, which regulators did not object to at the time, eliminated competition that could have one day challenged the company’s dominance.

The bill would also include roadblocks for acquisitions of “maverick” companies that present better offerings for consumers, in the way T-Mobile did before its merger with Sprint. And it would pump more money into the antitrust agencies.

The ideas mirror many recommendations introduced last October in a House judiciary report led by Representative David Cicilline, a Rhode Island Democrat. But her bill won’t include provisions to unwind past mergers and other structural reforms, as his report had recommended.

Her bill, as well as other laws proposed to limit the power of the tech companies, will face steep opposition. In 2020, tech companies again spent more than other industries in Washington. Facebook, with lawsuits from federal and state enforcement officials, spent almost $20 million on lobbying, up 18 percent from the previous year. Amazon spent about $18 million in lobbying, up about 11 percent from the prior year.

Internet start-ups are also wary of regulations that could stymie their exit strategies to merge with larger companies as well as changes to rules that could hold them liable for the content they host. And agriculture, pharmaceutical and other industries will also probably balk at changes in antitrust laws.

But Democrats are also facing pressure from the left. Progressive groups, and some liberal lawmakers, want to dismantle the biggest companies. In a sign of the battles to come, those groups have raised concerns in recent weeks about some potential nominees for top antitrust agency roles who they say won’t be aggressive enough against the industry.

“We’d hope to see the antitrust subcommittee in the Senate collaborate with the House subcommittee to enact the full suite of recommendations in the digital markets report into law,” said Sarah Miller, executive director of the American Economic Liberties Project, a left-leaning nonprofit advocacy group focused on fighting corporate power. “We won’t be shy about pushing for bolder approaches when the need arises.”

Ms. Klobuchar says fresh outrage over the role of social media in the attack on the Capitol on Jan. 6 has united lawmakers in their animus toward digital platforms, but for different reasons. Democrats are angry that Facebook, Twitter and YouTube allowed President Donald J. Trump and far-right groups to spread disinformation about the election that led to the riot. Republicans are motivated by the decisions of the platforms to bar Mr. Trump and his far-right supporters.

Representative Ken Buck, Republican of Colorado and a senior member of the House antitrust subcommittee, said he would work with Democrats on legislation, more hearings and investigations of the tech sector.

Republicans, like Democrats, also cozied up to the tech industry until recent years. Their grievances now are often animated by concerns that the tech platforms censor conservative voices. The decisions by Facebook and Twitter to bar Mr. Trump amplified those arguments.

Mr. Buck said “censorship” by the platforms was a way to motivate other Republicans to sign on to antitrust legislation.

“My evolution is similar to that of many Republicans,” Mr. Buck said. “I’m deeply concerned about privacy issues. I’m concerned about censorship and concerned about large companies and monopolies crushing competition.”

Democrats fiercely disagree with the characterizations of censorship. They say tech companies need to do more to stop disinformation and calls for violence, and argue that Twitter and Facebook acted too slowly to bar Mr. Trump.

“No private company is obligated to provide a megaphone for a malicious campaign to incite violence,” Senator Richard Blumenthal, a Democrat of Connecticut, said in a statement. “It took blood and glass in the halls of Congress — and a change in the political winds — for the most powerful tech companies in the world to recognize, at the last possible moment, the profound threat of Donald Trump.”

Increasingly, lawmakers are looking to antitrust as a solution to consumer harms like privacy violations and the spread of disinformation. Ms. Klobuchar said the problems could be felt across the economy.

“Why do farmers pay so much for seeds and fertilizer? Why is health care so expensive? Why are there so few incentives in place for big tech companies to protect your private information?” she said. “If you aren’t paying attention, you should.”

nyt/kang
0 Replies
 
Brandon9000
 
  8  
Wed 27 Jan, 2021 11:10 am
@hightor,
hightor wrote:
Actually the fact that Trump was kicked off of several social media platforms for spreading lies, encouraging illegal activity, and inciting insurrection suggests that there is evidence to back up the claim. It's true, Trump never said, "Break into the Capitol and vandalize it" — but he didn't have to. The arguments will be heard in the impeachment proceedings and I suspect that the lawmakers' conclusions will fall along ideological lines, as they have here.

And yet, you cannot provide one single quotation in which he encouraged illegal activity or incited insurrection because he didn't.

Your position is that if you look at the totality of his words over a period of time, it's implied. In this country, however, people are free to express any opinion publicly unless they directly solicit imminent violence. You don't want to live in a country where the criterion for legal punishment for speech is that you created an atmosphere. Your enemies would always find a way to say that about you.
engineer
 
  -4  
Wed 27 Jan, 2021 11:16 am
@Brandon9000,
You've been provided with links (that you refuse to read) discussing the legal definition of incitement and both implicit and explicit incitement. If you had read them you would understand that your statement is incorrect, you can call implicitly for incitement. If Trump had been briefed prior to the rally that the crowd was likely armed, that case is even stronger. I'm not sure why you continue to deny that.
Brandon9000
 
  7  
Sun 31 Jan, 2021 10:23 am
@engineer,
engineer wrote:
You've been provided with links (that you refuse to read) discussing the legal definition of incitement and both implicit and explicit incitement. If you had read them you would understand that your statement is incorrect, you can call implicitly for incitement. If Trump had been briefed prior to the rally that the crowd was likely armed, that case is even stronger. I'm not sure why you continue to deny that.

I told you perfectly clearly that I won't play the A2K liberal game of five liberals arguing with one conservative. What part of that don't you understand? When I'm talking to hightor, I'm talking to hightor, not you. Now I'm done with him and am talking to you.

Lest it be forgotten, here is the law that supersedes anything not in the Constitution:

Congress shall make no law...abridging the freedom of speech

No law means no law.

Now, to your argument. Any speech amounting to insurrection must contain some element that solicits insurrection. Please quote the specific statement by Donald Trump that solicited insurrection.
 

 
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